It is not uncommon for parents to change their name
post-separation, whether by reverting to their maiden name or
re-marrying. The parents of a child may never have shared the same
surname. Those changes are recorded easily and readily. However,
what does the Court consider if one parent wishes to change a
child's name post-separation and what are the options if the
other parent opposes any change?
In this alert, Partner Alison Ross, Associate Kathleen Coggins
and Law Graduate Christina Hooper consider the various factors that
a Court may consider when determining whether a child's surname
should be changed after a relationship breaks down.
The starting position is that a change to a child's name is
considered a major long term issue under the Family Law Act
1975 (Cth). This means that parents must consult with each
other before making a decision to change the child's name,
including by hyphenating it.
